Thread by @S_R_Anders

Given today’s revelation that President Trump supports withdrawal from NATO, I’m re-upping this @lawfareblog piece.

Long story short, Trump has a lot of unilateral power in this area, but there are things Congress could do to make an exit much harder...

lawfareblog.com/saving-nato

Specifically, Congress could enact legislation that expressly prohibits the president from withdrawing and authorizes litigation on its behalf if he does so.

This should get past the ripeness and standing barriers that have hindered prior legal challenges to treaty withdrawals.

And in the face of express congressional opposition, Trump should have to show that he has exclusive constitutional authority over treaty withdrawal to win in the merits—a high bar, particularly as the constitution itself is silent on the matter.

A bipartisan coalition of senators introduced legislation along these lines in the last Congress, which was incorporated into several subsequent proposals.

Perhaps they’ll repeat the effort in this Congress in light of today’s revelations...
congress.gov/115/bills/sjre…